The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
WIKE, Warfield Raymond (W/M)
DC #116838
DOB: 03/07/56
First Judicial Circuit, Santa Rosa County, Case #88-547
Sentencing Judge: The Honorable Ben Gordon
Resentencing I Judge: The Honorable Paul Rasmussen
Resentencing II Judge: The Honorable Paul Rasmussen
Attorney, Trial: Terry Terrell - Assistant Public Defender
Attorney, Resentencing I: Terry Terrell - Assistant PublicDefender
Attorneys, Resentencing II: B.B. Boles & Henry Barksdale- Assistant Public Defenders
Attorney, Direct Appeal: W.C. McLain - Assistant PublicDefender
Attorney, Direct Appeal, Resentencing I: David A. Davis - AssistantPublic Defender
Attorney, Direct Appeal, Resentencing II: Chet Kaufman - AssistantPublic Defender
Attorney, Collateral Appeals: Bernard Dailey, Esq. –Registry
Date of Offense: 09/22/88
Date of Sentence: 07/13/89
Date of Resentencing I: 01/11/93
Date of Resentencing II: 09/18/95
Circumstances of Offense:
Warfield Raymond “Ray”Wike was convicted and sentenced to death for the 09/22/85 murder ofsix-year-old Sarah Rivazfar.
In the early morninghours of 09/22/85, a couple driving down a rural road in Santa Rosa County noticed eight-year-old Sayeh Rivazfar alongside the road, waving her hand and clutchingher throat. Upon seeing that Sayeh’s throat had been cut, the coupleimmediately drove her to a nearby store for help. While driving, Sayeh toldthe couple that a man named “Ray” abducted her and her six-year-old sisterSarah while they slept in their beds. Wike abducted the two girls from theirhome without their mother, who had dated Wike at one time, ever being aware ofit. Wike took both the girls deep into the woods where he cut both girls’throats and raped Sayeh. Sarah died from the injuries she sustained, but Sayehmanaged to stumble out to the roadside to flag down help.
After Sayeh was found, asearch began for Sarah. Her body was found about 75 feet from where Sayeh waspicked up. Investigators found footprints, tire tracks, shirt material andbloodstains at the scene.
After interviewing Sayehand her mother, investigators determined that Warfield “Ray” Wike was asuspect. Investigators immediately went over to the Wike residence. Parked infront of the house was an older model Dodge that matched the description givenby Sayeh and her mother of Wike’s car. When officers knocked on the door, theygot no answer; however, another officer heard movement inside the house. Whenthe dispatcher called the house, a man named Ray answered. He was asked tostep out of the house with his hands on his head and, when he did, he wasarrested.
Fingerprints, bloodstainsand DNA evidence found at the crime scene and in Wike’s car linked him to theabduction of the sisters and the murder of Sarah Rivazfar.
Additional Information:
Warfield “Ray” Wike wasconvicted of Robbery in 1974.
Trial Summary:
10/12/89 Thedefendant was indicted on the following charges:
CountI: First-Degree Premeditated Murder (Sarah)
CountII: First-Degree Felony Murder (Sarah)
CountIII: Kidnapping (Sarah)
CountIV: Kidnapping (Sayeh)
CountV: Sexual Battery Victim Under 12 (Sayeh)
CountVI: Attempted First-Degree Premeditated Murder (Sayeh)
CountVII: Attempted First-Degree Felony Murder (Sayeh)
06/19/89 The jury found the defendantguilty of all counts charged in the indictment.
06/20/89 Upon advisory sentencing, thejury, by a 9 to 3 majority, voted for the death penalty.
07/13/89 Thedefendant was sentenced as follows:
CountI: First-Degree Premeditated Murder - Death
CountII: First-Degree Felony Murder - Death
CountIII: Kidnapping – 22 years
CountIV: Kidnapping – 22 years
CountV: Sexual Battery Victim Under 12 - Life
CountVI: Attempted First-Degree Premeditated Murder – 22 years
CountVII: Attempted First-Degree Felony Murder – 22 years
02/27/92 On Direct Appeal, the FloridaSupreme Court affirmed Wike’s convictions, but reversed his death sentence andremanded the case for a new penalty phase proceeding.
12/03/92 During the new penalty phase, uponadvisory sentencing, the jury voted by a
12to 0 majority, for the imposition of the death penalty.
01/11/93 Wikewas resentenced as follows:
CountI: First-Degree Premeditated Murder – Death
CountII: First-Degree Felony Murder - Death
01/23/94 On Direct Appeal, the Florida SupremeCourt again reversed Wike’s death sentence and remanded the case to the trialcourt for a second resentencing.
08/18/95 During the second resentencinghearing, the jury voted, by a 12 to 0 majority for the imposition of the deathpenalty.
09/18/95 Wike was resentenced as follows:
Count I: First-DegreePremeditated Murder - Death
Count II: First-DegreeFelony Murder - Death
Note: Wike was given one sentence for bothCounts I & II and Counts VI &VII.
AppealSummary:
Florida Supreme Court - Direct Appeal
FSC #74,722
596 So. 2d 1020 (Fla. 1992)
09/15/89 Appeal filed.
04/01/92 Rehearing denied.
05/01/92 Mandate issued.
Florida Supreme Court - Direct Appeal(Resentencing I)
FSC #81,117
648 So. 2d 683 (Fla. 1994)
01/22/93 Appeal filed.
11/23/94 FSCreversed Wike’s sentence of death and remanded the case to the trial court fora second resentencing.
01/25/95 Rehearing denied.
02/24/95 Mandate issued.
Florida Supreme Court - Direct Appeal (Resentencing II)
FSC #86,537
698 So. 2d 817 (Fla. 1997)
10/02/95 Appeal filed.
07/17/97 FSC affirmed Wike’s sentence of death.
09/02/97 Rehearing denied.
10/02/97 Mandate issued.
United States Supreme Court - Petition for Writ of Certiorari
USSC #97-6636
522 U.S. 1058 (U.S. 1998)
11/03/97 Petition filed.
01/12/98 Petition denied.
State Circuit Court - 3.850 Motion
CC #88CF-547
01/08/99 Motion filed.
09/27/00 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #SC00-2141
813 So. 2d 12 (Fla. 2002)
01/24/02 FSC affirmed the denial of Wike’s 3.850Motion.
03/15/02 Rehearing denied.
04/15/02 Mandate issued.
United States District Court - Petition for Writ of Habeas Corpus
USDC #02-CV-114
(Pending)
03/18/02 Petition filed.
07/16/04 Wike died of natural causes.
Case Information:
On 09/15/89, WarfieldRaymond Wike filed a Direct Appeal in the Florida Supreme Court. In thatappeal, he argued that the trial court erred in denying his motion to suppressevidence that was obtained as a result of his warrantless arrest. The FloridaSupreme Court noted that there was sufficient evidence in the record to establishprobable cause and exigent factors that justified the warrantless arrest andthe seizure of evidence. In reference to the penalty phase, Wike contendedthat the trial court erred in failing to grant his motion for continuancefollowing the conclusion of the guilt phase. The penalty phase of Wike’s trialwas scheduled for the day after the guilty verdicts were rendered. Wike’sattorney moved for a one-week continuance in order to procure several membersof Wike’s family to testify in his mitigation. The Florida Supreme Courtagreed that the continuance should have been granted and remanded the case backto the trial court for a new penalty phase hearing. Wike additionally arguedthat the trial court erred in allowing the prosecutor improperly argue lack ofremorse as a non-statutory aggravating circumstance. The Florida Supreme Courtagain agreed and instructed the trial court regarding the matter as to avoidthe same error in the new penalty phase. On 02/27/92, the Florida SupremeCourt affirmed Wike’s convictions, reversed his death sentence and remanded fora new penalty phase.
On 01/11/93, Wike wasagain sentenced to death. He filed a Direct Appeal in the Florida SupremeCourt on 01/22/93. In that appeal, he argued that the trial judge erroneouslydenied him the right to present the final closing argument during the penaltyphase. Wike’s counsel asserted that he had the right to the concludingargument but did not cite the appropriate criminal rule of procedure. TheState erroneously informed the judge that there was no specific rule to governsuch a situation. The defense finally cited Rule 3.780, which clearly statesthat a defendant in a capital case has the right to present the final argumentduring the penalty phase. The trial judge, however, determined this rule to bediscretionary rather than mandatory. The Florida Supreme Court disagreed andremanded Wike’s case for yet another new penalty phase on 11/23/94.
Wike was again sentencedto death on 09/18/95. Wike then filed a Direct Appeal in the Florida SupremeCourt on 10/02/95. In that appeal, he argued the trial judge erroneouslyrefused to allow Wike’s court-appointed counsel to withdraw after Wike hit himin open court. The trial judge gave a curative instruction to the juryregarding the incident. Wike stated that he wanted to remove the PublicDefenders Office from his case, but did not want to represent himself. Thetrial judge noted that a defendant does not have the right to choose aparticular court-appointed attorney and refused to allow Wike’s counsel towithdraw from his case. The Florida Supreme Court agreed with the trial judgeand found no error in his refusal to allow the withdrawal. Wike also contendedthat admitting the details of the crimes committed upon Sayeh Rivazfarprejudiced his case and that the trial court erred in its consideration andapplication of aggravating circumstances. The Florida Supreme Court found noerror and affirmed Wike’s sentence of death on 07/17/97.
Wike then filed aPetition for Writ of Certiorari in the United States Supreme Court, which wassubsequently denied on 01/12/98.
Wike next filed a 3.850Motion in the State Circuit Court. That motion was denied on 09/27/00, afterwhich, Wike filed an appeal of that decision in the Florida Supreme Court. On01/24/02, the Florida Supreme Court affirmed the denial of Wike’s 3.850 Motion.
On 03/18/02, Wike filed a Petition for Writ of Habeas Corpus in the United States District Court.
On 07/16/04, Wike died of natural causes.
Institutional Adjustment: WARFIELD RAYMOND WIKE DC #116838
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
07/11/94 0 DISORDERLY CONDUCT UNION C. I.
06/04/97 0 SPOKEN THREATS UNIONC. I.
01/07/00 0 POSS OFCONTRABAND UNION C. I.
10/24/02 – ew
10/28/02 – approved - ws
07/26/04 – updated emc